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False 498A Case filed by wife what can I do


23-Jun-2023 (In Divorce Law)
shadi ko 3 year ho chuke hai but suru se hi meri wife n muje presan kr rkha hai shadi k kuch time baad se hi m apne ghar s alag rhna pda mene presan hokar aprl 2016 m sec 13 ke tahat divorce ka case kr diya case ki ek date bhi nikal gai but court ka notice abhi 7 june ko bhijwaya ab mere sasural walo ko pta chal gya hai ki mene divorce ka case kiya hai. ab mere sasural wale dheaj utpedan ka FIR krayenge agar to kya police case bnta h aur kya meri family ko bhi arrest kiya ja skta hai. please btaye....
Answers (2)

Answer #1
666 votes
Agar apke aur apke family members ke khilaaf Domestic Violence, Dowry etc. cases file kiye jate hain to apko aur apke family members ko arrest kiya ja sakta hai par bail (jamaanat) bhi mil hi jati hai.

Iska koi tareeka nahin hai ki apke aur apke family members par wo ye criminal cases kar hi na paye, par aap aise cases handle kar sakte hain, matlab jamaanat mil sakti hai aur successfully defend bhi kar sakte hain.
Answer #2
541 votes
Now days in dowry cases generally the police does not register the FIR very early firstly they call both girl and boy for compromise and if talks regarding compromise fail and police come to the conclusion that actually wife has been maltreated then only case is registered . Since s 498A is non bail able offence you and your family will be having apprehension of your arrest. However Supreme Court in case of Arnesh Kumar Vs State of Bihar has held that in 498A casea arrest is not automatic. Therefore I think anticipatory bail will not be problem .

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